BILL ANALYSIS Ó
AB 389
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
389 (Chau)
As Amended September 1, 2015
Majority vote
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|ASSEMBLY: |77-0 |(April 30, |SENATE: |40-0 |(September 8, |
| | |2015) | | |2015) |
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Original Committee Reference: HEALTH
SUMMARY: Requires general acute care hospitals to post their
language assistance policies on their websites in English and up
to five of the other languages most commonly spoken in the
hospital's service area. Requires the Department of Public
Health (DPH) to post each hospital's language assistance policy
its Web site.
The Senate amendments delete the requirement that language
assistance policies be posted on any replacement technology for
the internet and delete the requirement that the Office of
Statewide Health Planning and Development (OSHPD) post hospital
language assistance policies on its website.
FISCAL EFFECT: According to the Senate Appropriations
Committee, minor costs for DPH to post hospital language
assistance policies on its website (Licensing and Certification
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Program Fund).
COMMENTS:
1)Purpose Of This Bill. According to the author, California has
been a leader in ensuring that the state's healthcare
infrastructure meets the needs of Limited English Proficient
(LEP) patients, however existing practices for ensuring
hospital compliance with language assistance policy submittal
requirements lack central oversight by DPH. The author notes
that by requiring hospitals to submit their language
assistance policies to both DPH and OSHPD, and requiring
hospitals, DPH, and OSHPD to post them on their Websites, this
bill will provide greater oversight and enable policymakers
and consumers to access information the law already
guarantees.
2)Background. SB 1840 (McCorquodale), Chapter 672, Statues of
1990, was implemented with the intent of increasing the
quality of care for patients with limited English proficiency,
however, as noted, DPH cannot issue fines and current law does
not require the notices to be posted on either the hospital's
or DPH's Web site. DPH most recently sent an All Facilities
Letter on May 11, 2012, reminding all general acute care
hospitals to submit their language assistance policies on an
annual basis to their local Licensing and Certification
District Office; however, according to a survey conducted on
behalf of the California Pan-Ethnic Health Network (CPHEN),
hospital compliance has waned over the last several years.
3)Support. CPEHN is the sponsor of this bill and states
language barriers are correlated to higher rates of death and
illness. CPEHN notes that patients who face language barriers
are more likely to have higher rates of hospitalization,
encounter drug complications, and fail to return for
follow-ups after an emergency room visit. CPEHN contends that
by making language assistance policies available online, this
bill will provide consumers access to information already
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required by current law.
Health Access California (HAC) also supports this bill and
writes, according to recent estimates, the majority of those
newly eligible for health care coverage under the Patient
Protection and Affordable Care Act will be from communities of
color and 40% of those newly eligible for subsidies in Covered
California will be LEP. HAC concludes that making language
assistance policies available online will provide greater
transparency and oversight of a key accountability measure
serving the needs of LEP patients.
There is no opposition to this bill.
Analysis Prepared by:
Lara Flynn / HEALTH / (916) 319-2097 FN:
0001788